Cerebral Palsy Caused by Birth Injury in Illinois
Cerebral palsy is one of the most serious conditions that can result from medical negligence during pregnancy, labor, or delivery. When a healthcare provider’s errors deprive a baby of oxygen or cause trauma to the developing brain, the damage can lead to lifelong motor disabilities, cognitive challenges, and a need for around-the-clock care. For Illinois families facing this reality, understanding the connection between birth injury and cerebral palsy is the first step toward seeking accountability and the resources your child needs.
At Parker & Parker Attorneys at Law, we have represented families throughout the Peoria area whose children were diagnosed with cerebral palsy following preventable medical errors. These cases are deeply personal to us, and we pursue them with the thoroughness they demand.
What Cerebral Palsy Is and How It Develops
Cerebral palsy is a group of neurological disorders that affect movement, muscle tone, and coordination. It results from damage to the brain that occurs before, during, or shortly after birth. The specific type and severity of cerebral palsy depends on which area of the brain was damaged and how extensive the injury was. Some children experience mild motor difficulties that allow them to live relatively independently, while others require full-time assistance with basic daily activities including eating, bathing, and communication.
The four main types of cerebral palsy are spastic (the most common, causing stiff and difficult movement), dyskinetic (causing uncontrolled movements), ataxic (affecting balance and coordination), and mixed (a combination of types). Each presents unique challenges for the child and family.
How Medical Negligence Causes Cerebral Palsy
Not all cerebral palsy is caused by medical malpractice—but a significant number of cases result from preventable errors by obstetricians, nurses, and other delivery room staff. The most common cause of birth-related cerebral palsy is oxygen deprivation (birth asphyxia), which can occur when providers fail to recognize and respond to signs of fetal distress on the electronic fetal heart rate monitor.
Specific forms of negligence that can lead to cerebral palsy include failure to monitor fetal heart rate patterns during labor, delayed decision to perform an emergency cesarean section when the baby is in distress, improper use of labor-inducing drugs like Pitocin that cause excessive uterine contractions, failure to identify and manage umbilical cord complications such as cord prolapse or nuchal cord, inadequate response to maternal conditions like preeclampsia or placental abruption, and trauma during delivery from excessive force or improper use of forceps or vacuum extractors.
Hypoxic-ischemic encephalopathy (HIE)—brain damage caused by reduced blood flow and oxygen—is the primary mechanism through which birth complications lead to cerebral palsy. When the brain is deprived of oxygen for even a few minutes during labor, the resulting damage can be permanent.
Diagnosing Cerebral Palsy After Birth
Cerebral palsy may not be diagnosed immediately after birth, particularly in milder cases. Parents and pediatricians may notice developmental delays over the first one to three years of life—delayed milestones such as sitting up, crawling, walking, or speaking. Brain imaging studies (MRI or CT scans) can reveal the areas of brain damage, and specialists including pediatric neurologists can confirm the diagnosis and determine the type and severity.
The delayed nature of diagnosis is one reason why Illinois law provides an extended statute of limitations for birth injury claims involving minors. Families have up to eight years from the date of the negligent act to file a claim, but no later than the child’s 22nd birthday. Despite this extended window, consulting with an attorney early is important because medical records, witness memories, and other evidence can deteriorate over time.
The Lifetime Cost of Cerebral Palsy
The financial impact of cerebral palsy is staggering. Studies estimate that the lifetime cost of care for an individual with cerebral palsy can range from $1 million to over $5 million, depending on severity. These costs include ongoing physical, occupational, and speech therapy, specialized medical equipment such as wheelchairs, walkers, and communication devices, home modifications for accessibility, special education services and tutoring, full-time caregiving assistance, medical treatments including surgeries and medications, and transportation to medical appointments and therapy sessions.
A properly valued birth injury claim must account for all of these future needs through a detailed life care plan prepared by qualified medical and economic experts. At Parker & Parker, we work with life care planners and economists to ensure that every element of your child’s future needs is documented and included in the claim.
What Compensation Is Available
In an Illinois cerebral palsy birth injury case, families can seek compensation for all past and future medical expenses and therapy costs, the cost of specialized equipment and home modifications, pain and suffering endured by the child, the child’s lost future earning capacity, parents’ emotional distress and loss of the child’s normal life, and parents’ lost income due to caregiving responsibilities. Because these cases involve lifetime damages, the compensation amounts can be substantial—and they need to be, because they must support the child for decades to come.
Why These Cases Require Specialized Legal Help
Cerebral palsy birth injury cases are among the most complex in medical malpractice law. They require expert testimony from obstetricians, neonatologists, pediatric neurologists, and neuroradiologists who can establish the causal link between the provider’s negligence and the brain injury. They also require a pre-suit affidavit from a qualified medical professional under Illinois law, adding another layer of complexity that must be addressed before the lawsuit is even filed.
Insurance companies and hospital defense teams aggressively contest these claims, often arguing that the cerebral palsy was caused by genetic factors or unavoidable complications rather than negligence. Having an attorney who understands the medicine, the law, and the defense strategies is essential.
Talk to Parker & Parker About Your Child’s Birth Injury
If your child has been diagnosed with cerebral palsy and you believe medical errors during delivery may have contributed, we want to hear from you. Parker & Parker offers free, confidential consultations for birth injury cases. We handle these cases on a contingency basis—you pay nothing unless we secure compensation for your family.
Call us at 309-673-0069 or contact us online.
Related pages:
- Birth Injury Attorney in Peoria, IL
- Erb’s Palsy and Brachial Plexus Birth Injuries
- C-Section Errors and Delayed Delivery in Illinois
- Medical Malpractice Attorney